SLANDER, a false and malicious oral defamation which tends to injure or disgrace the person so defamed. The chief difference between slander and libel is that the latter refers to malicious defamation expressed by writing, printing or illustration. The law draws a wide distinction between the two ac tions. Words are held to be actionable, whether or not special damages are shown to have accrued from the defamation, if they impute a criminal offense against the law; the having of a contagious disease; or if they are such as would affect one injuriously in his profession or trade. If the words are not so actionable, yet false and malicious, the party aggrieved cannot recover unless able to prove that he has sustained some certain actual loss therefrom. If the party charged with slander prove that the words complained of are true, no action will lie for defamation, whether or not the words are actionable, for in that event the law holds them to be justifiable. Charging one with having committed perjury has always been regarded as being actionable and in many juris dictions it is so provided by statute. Words
which in themselves are not actionable may in reality be so through an allusion to some collateral facts, or through being used and understood in some particular sense and in such cases, when the offensive sense is proved, it is held to be slanderous. Words in themselves slanderous may be accompanied by explanations which deprive them of that character. There are certain kinds of communications which are regarded as privileged and are, therefore, not actionable, as, for example, the statement made in a judicial proceeding, or where one com municates to another a circumstance which he has the right to know relating to a matter of mutual interest; however, this privilege will not justify slander if malice be shown. Slander does not exist if the injurious words are not uttered within the hearing of a third person. Consult Newell, 'Law of Slander and Libel' (1919). See DEFAMATIONS; LIBEL.